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(영문) 대법원 2013.12.26 2013도12943
공갈등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A asserted that in the grounds of appeal, Defendant A did not commit a crime of interference with business and violation of the Punishment of Violences, etc. Act (joint intimidation). On the first trial date of the lower court, Defendant A stated the grounds of appeal as above and did not clearly withdraw the aforementioned assertion of mistake, but the lower court merely rejected Defendant A’s grounds of appeal on the sole ground of unfair sentencing, and dismissed Defendant A’s appeal without determining a mistake of facts.

However, in full view of the evidence duly admitted by the first instance court, Defendant A may interfere with the business of the victim G and threaten the victim G in collaboration with B as stated in the facts charged, so such omission by the lower court does not affect the conclusion of the judgment.

2. According to the records on Defendant B’s grounds of appeal, Defendant B appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds of appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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